The Freshfields Podcast

Essential Antitrust #32: New US HSR Rules and Merger Guidelines: key takeaways

The US FTC and DOJ recently released long-awaited updates to the Hart-Scott-Rodino (HSR) Form and Merger Guidelines for assessment of mergers.

The proposals entail much higher costs to notify transactions to the agencies, and we explore the substantive implications, including for industries such as tech, life sciences, and private equity.

In this episode of the Essential Antitrust podcast, our host Jenn Mellott is joined by Washington-based colleagues Bruce McCulloch and Laura Onken.

For more information, turn to our A Fresh Take blog posts on the HSR changes and the draft Merger Guidelines.

Managing risk in Asia #7: Managing licensing and collaboration risks in the life sciences arena in Asia

With the continued growth of the life sciences sector in Asia, companies are increasingly entering into licensing and collaboration arrangements to drive innovation and manage risk.

Understanding the risks involved in licensing and collaboration agreements is crucial for companies looking to tap into the thriving Asian market and establish successful partnerships. In this episode of our two-part series focusing on life sciences, podcast host Ninette Dodoo is joined by Kristen Riemenschneider, Mary Lehner, Richard Bird, and Xin Liu to discuss the complex regulatory landscape associated with licensing and collaboration arrangements. This includes anti-bribery, sanctions and export control risks, unique IP ownership challenges, data sharing issues and antitrust considerations concerns, which can make or break these deals.

Essential Antitrust #31: Recent developments in antitrust, data and IP – generative AI and MedTech

Regulators across the globe are keeping a close eye on the rising influence of generative AI.

In a few short months, generative AI has proven to be a potent tool and global sensation. With perspectives from the United States, Europe and China, we dive into how regulators are responding to generative AI, focusing particularly on the MedTech space.

In this MedTech-centered episode of the Essential Antitrust podcast, our host Jenn Mellott and guest host Vinita Kailasanath (Silicon Valley) are joined by Ninette Dodoo (Bejing), Rikki Haria (London) and Justin Stewart-Teitelbaum (Washington, DC).

Essential Antitrust #30: ASSA ABLOY/Spectrum Brands: a breakthrough for M&A remedies in the US?

The Biden Administration antitrust agencies have viewed merger remedies in the US with strong skepticism. The Department of Justice’s Antitrust Division’s attempt to block ASSA ABLOY’s acquisition of Spectrum Brands’ Hardware and Home Improvement division was a case in point, until the trial concluded due to a rare settlement in May 2023, opening the door for the transaction to proceed subject to a divestiture remedy.

In the latest episode of our Essential Antitrust podcast our host Jenn Mellott is joined by Justin Stewart-Teitelbaum, partner in Washington, DC, and Angela Landry, counsel in Washington, DC and Silicon Valley, to discuss the implications of the settlement and what it means for merging parties considering remedy packages.

Essential Antitrust #29: Microsoft/Activision: parallel reviews in high-innovation digital deals

Antitrust authorities are taking tougher and more interventionist approaches to merger reviews, deploying novel theories of harm and more forward-looking approaches to assessing nascent markets and technologies. These challenges are on full display in the Microsoft/Activision deal, which was recently blocked by the UK Competition and Markets Authority whilst receiving clearances from the European Commission and other authorities.

In this latest episode of our Essential Antitrust podcast, our host Jenn Mellott is joined by our two newest antitrust partners, Rikki Haria and Jenny Leahy, to discuss the nuances underpinning these different results and how companies can navigate these key antitrust enforcement trends in future deals.

Global Perspectives on Health Data Offerings and Considerations for Innovators

In this episode of our MedTech podcast series, Freshfields Partners Vinita Kailasanath and Timothy Howard and Principal Associate Philipp Roos discuss what is top of mind for clients in terms of health data considerations, including with respect to AI usage, in both the US and EU. Other topics include GDPR and EU digital strategy; HIPAA and the Dobbs decision as it relates to reproductive health data in the U.S.; and ways to safely and securely store data globally.

Essential Antitrust #28: Collusion or collaboration: competition and the fight for net zero

As international competition and antitrust laws continue to evolve, companies are concerned with ensuring that their sustainability collaborations do not fall foul of the law.

With regulators globally continuing to set out their differing, and sometimes divergent, positions, it has never been more critical for multinational business to stay abreast of the latest developments. Covering the European Commission, UK CMA, and the FTC/DOJ and State Attorneys General in the United States, we look at the current ESG and antitrust landscape and the implications for regulatory strategies.

In this special sustainability edition of our Essential Antitrust podcast our host Jenn Mellott is joined by Tim Wilkins (New York), Jake Reynolds (London), Martin McElwee (London), Sarah Jensen (London), Justin Stewart-Teitelbaum (Washington, DC) and Donna-Faye Imadi (Washington, DC).

Essential Antitrust #27: Some Key Takeaways from the Enforcers Roundtable at the 2023 ABA Antitrust Spring Meeting

At this year’s Spring Meeting hosted by the American Bar Association Antitrust Law Section in Washington, DC, antitrust and competition enforcers from the EU, UK, and US came together to share the latest in global antitrust enforcement and competition policy, as well as competition agencies’ collaboration, coordination, and goals for the coming year.

From digital markets and labor issues, to sustainability, and interlocking directorates, companies will want to continue monitoring the latest enforcement developments and guidance in these and other areas of priority for the agencies, all of which suggests another active year of antitrust enforcement around the world.

In this episode of Essential Antitrust, podcast host Jenn Mellott is joined by partner Ninette Dodoo, co-moderator of the Enforcers Roundtable, to talk about the key themes and topics discussed, what the enforcers shared about recent developments and future goals, and what companies can best do to be prepared for another year of active antitrust enforcement. 

MedTech Diversity and Inclusion – A Conversation with Jhaymee Tynan

In this episode of our MedTech podcast series, Freshfields Partner Vinita Kailasanath and Jhaymee Tynan, Principal, Healthcare Services at Korn Ferry, and author of Inclusive Sponsorship: A Bold Vision to Advance Women of Color in the Workplace, discuss MedTech trends they are tracking, inclusivity in MedTech, and approaches that MedTech companies can take to bridge health disparities.

Episode #1: The EU’s Corporate Sustainability Due Diligence Directive– a turning point for business

In this first episode of our new EUnpacked podcast series that will look to dive into key hot topics being tackled in Brussels, podcast host Natalie Pettinger Kearney is joined by Léa Bareil (Brussels) and Marlen Vesper-Gräske (Hamburg) to talk about how the EU’s sustainability agenda continues to evolve and how the new proposed due diligence rules are crucial for business.